What, no response on the 10th business day; that is to be expected given the fact that our Union Officials only respond when they must and usually on whatever the deadline date it is due . . ., UNLESS you are Rambo and then you meter it on the deadline and wait 7 to 10 days to mail it!

But let's face facts based upon past precedence - when my fax arrived at the Internationion of January 8, there was only a 7 to 8% chance that GS&T Johnson would actually be physically present at the headquarters.  So by the time the legal begals have written a response for Dan and fax my letter and his response to him in Califonia or Arizona or wherever, 2 or 3 days have probably already elasped.  Dan gives the OK to Monty, they figure out the last day that they can actually mail it (If they intend to at all?) and the letter is held until that day, i.e., should be postmarked today if I get a response at all!

Now it's probably been mailed already if it went out today and if that was the case I basically expect to be advised that my premiums were not up to date and therefore there is no reason to respond (they probably won't check again to see that the quarterly premium did arrive and was not over the 30 day grace period) and/or they may play the "come to Cleveland and you may view the records"(which would be good because I'm tentatively planning on attending Roger Griffeth's Informational Picket at the end of April - kill or wound two birds with one stone?)!

And, OF COURSE, IF they don't plan to answer the letter at all, then they probably won't answer this one either! IMWTK? 

Lance E. Ruck

UTU Local 1571

4704 Post Road

El Paso, Texas 79903

(915) 565-9741

January 22, 2003

Mr. Dan E. Johnson

General Secretary & Treasurer

Secretary, Board of Directors

Secretary, Board of Trustees

United Transportation Union

14600 Detroit Avenue

Cleveland, Ohio 44106

Re: Misuse of UTU funds - Certified Mail - RRR - 7000 0600 0024 6529 2306

Via Facsimile - (216) 228-5755

Dear Sir & Brother:

I am a member is good standing and have yet to receive your response to my letter of January 8 concerning fiduciary matters even though 10 working days have now passed. In reading your December 17, 2003 response to Mr. Roger Griffeth concerning his requests under 29 U.S.C. §501(b) and your explanation dated January 12, 2004 to Mr. J. A. Huston wherein you maintain the bonding company "is being" notified concerning UTU funds and UTUIA funds will be sought by UTUIA, I am very concerned with the lack of documentation being provided to the membership and/or individuals requesting an accurate accounting! Indeed, please provide me with a copy of the letter that has been sent to bonding company or provide me the date, time, person, and name of the bonding company if done orally by phone.

Your advice from "outside counsel" wherein you in your fiduciary capacity will take no action until after the completion of the criminal trial is unacceptable to this member as it ignores one important fact, i.e., that the bonding company cannot seek restitution for any legal fees advanced to Byron A. Boyd, Charles L. Little, or John R. Rookard. Mr. Miller, yourself, and all members of the Board of Trustees and Board of Directors are aware or should be aware of this fact.

Accordingly, I now request a complete accounting of any monies distributed from UTU funds for the legal defense of Byron A. Boyd, Charles L. Little, and John R. Rookard? Please advise what collateral has been received to repay UTU once the case is completed, regardless of the result. Also advise by what authority UTU purports to act in advancing legal fees to UTU Officials charged with criminal wrongdoing outside the scope of their duties? I feel 10 working days is sufficient for a response.

Also, please consider this notification pursuant to 29 U.S.C. § 501(b) should you refuse to answer this request. Allow me to be specific: On information and belief, hundreds of thousands of dollars of funds are being used from both UTU and UTUIA for the defense of corrupt Union Officials which shall never be recoverable after the completion of the criminal proceeding in the Southern District of Texas. As defendants have already requested postponement of the trial date and the trial will be lengthy, hundreds of thousands (perhaps millions?) more will be needed for attorney fees for these corrupt union officials.

The remedy I seek is simple: provide a complete accounting to date of any UTU and UTUIA funds advanced for the legal defense of the indicted UTU Officials, cease and desist any further advancement of legal fees from UTU/UTUIA funds, and demand immediate collateral, including pension funds, from the indicted UTU Officials! In the event you fail to provide such a remedy and hundreds of thousands of dollars (or millions) paid by UTU and/or UTUIA is unrecoverable after criminal proceedings, I plan to file a criminal complaint against every member of the Board of Trustees and Board of Directors.

You may also consider this a notice of intent to seek action under 29 U.S. C. § 501(b) and injunctive relief to stop the flow of money from the coffers of UTU and UTUIA for legal fees for the indicted UTU Officials should you fail to provide a complete accounting within a reasonable time. Obviously, any attempt to deny any funds were used that turns out to be inaccurate will place you as a member of "The Enterprise".

Thanking you in advance for bringing this matter to the attention of the Board of Trustees and the Board of Directors, I am

Fraternally Yours,

Lance E. Ruck

Member, UTU Local # 1571/Policy Holder

cc: El Paso Express

Ohio Department of Insurance*

*Via Fax under separate cover

In any event, IF they don't answer this one, there will be some mandatory deadlines they will certainly meet . . ., and probably be pretty expensive IF they use outside counsel . . . as they seem so prone to do lately!